California Building Industry Association, Plaintiff and Respondent v. City of San Jose, — Werdegar, J…

Summary

Justice Werdegar's concurrence joins the majority but explains that, after intervening federal precedent, the reasonable-relationship standard for legislatively prescribed development-mitigation fees is best understood as a deferential due process standard rather than a takings test. The standard asks whether the fee bears a substantial relationship to the development's impacts or the public resources needed to address them, without requiring individualized proportionality studies. Justice Chin, concurring separately, would uphold the ordinance on the narrower ground that it does not require developers to provide subsidized or below-cost housing.